When divorcing couples come to the dividing of assets, the home can become the biggest problem. One might want to keep the home while the other wants to sell the family home and split the proceeds. A divorce can cause spouses to disagree on a number of issues, which can lengthen the divorce process and prolong the pain of the divorce.

Sell or Keep the Home?

One of the biggest mistakes a spouse can make is keeping a home he or she cannot afford. There's an emotional attachment to the home. The spouse wants the children to stay in the home they know while their whole world changes, but a single parent might not be able to afford the house on their own. Both sides need to look beyond the emotional attachment to the expenses it would take to maintain the home. There are mortgage payments as well as property taxes, utilities and insurance to consider.

Arrange a Settlement without a Fight

Often, one spouse will leave the home while the other stays. This might not be the final arrangement that makes everyone happy though. If the divorce is amicable, it might be advantageous to settle the issue of the home without bringing the court into the divorce. While the court will be as fair as possible when dividing the assets, the ruling doesn't always end the way each spouse wants. One spouse might be able to take out a mortgage to buy out the spouse who wants to leave the home. Both spouses walk away with a sense of fairness. On the other hand, the spouses might want to sell the home and split the money in a different fashion depending on whether there's children.

Community Property or Equitable Property?

If they both want the house, the disagreement can cause ill feelings during the proceedings. The dispute will have to be settled by a judge. The way the division of assets is settled depends on the state. Some states like Alaska, California, Idaho, Arizona, Nevada, Texas, Washington, Louisiana, Wisconsin and Puerto Rico are ruled by community property laws. This means that all property that was jointly owned is split equally between the divorcing couple. If a piece of property is owned by one spouse alone, that spouse keeps the property. The rest of the states are ruled by equitable distribution. Assets bought during the marriage are divided as fairly as possible, although the division is not always done equally.

Hire a Lawyer

It’s important to retain an experienced attorney during the divorce process. In many divorce cases, a court needs to make determinations regarding property division (learn more at http://coillaw.com/). If there's a disagreement about the division of assets, an attorney can work on your behalf to ensure that the property and assets are split fairly.

Whether you live in a state that has community property or equitable property rules, it's important that you know your rights. If the divorce is contentious, you need someone on your side during the fight.